Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 108 contracts
Samples: Placement Agency Agreement (Pluristem Therapeutics Inc), Placement Agency Agreement (Foresight Autonomous Holdings Ltd.), Placement Agency Agreement (Tiziana Life Sciences PLC)
Closing. The obligations of the Placement AgentAgent and the Purchasers, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its Subsidiaries contained herein herein, to the accuracy of the statements of the Company and its Subsidiaries made in any certificates pursuant to the Purchase Agreementprovisions hereof, to the performance by the Company and its Subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 100 contracts
Samples: Letter Agreement (ARCA Biopharma, Inc.), Placement Agent Agreement (Spherix Inc), Letter Agreement (ARCA Biopharma, Inc.)
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 69 contracts
Samples: NeuroSense Therapeutics Ltd., Securities Purchase Agreement (Creative Realities, Inc.), Placement Agency Agreement (Athersys, Inc / New)
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its subsidiaries contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company and its subsidiaries made in any certificates pursuant to the provisions hereof, to the performance by the Company and its subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement AgentAgent to the Company:
Appears in 33 contracts
Samples: Placement Agency Agreement (Nano Labs LTD), Placement Agency Agreement (Orgenesis Inc.), Placement Agency Agreement (AppTech Payments Corp.)
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement AgentAgent by the Company:
Appears in 31 contracts
Samples: SuperCom LTD, Personal and Confidential (Lizhi Inc.), Personal and Confidential (Golden Matrix Group, Inc.)
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its Subsidiaries contained herein herein, to the accuracy of the statements of the Company and its Subsidiaries made in any certificates pursuant to the Purchase Agreementprovisions hereof, to the performance by the Company and its Subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 23 contracts
Samples: Security Agreement (Biomira Inc), Pluristem Therapeutics Inc, Commitments Committee Approval (Stellar Biotechnologies, Inc.)
Closing. The obligations of the Placement AgentAgents, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement AgentAgents:
Appears in 10 contracts
Samples: Placement Agency Agreement (One Stop Systems, Inc.), Tonix Pharmaceuticals Holding Corp., KushCo Holdings, Inc.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracyaccuracy in all material respects, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and herein, to the accuracy of the statements of the Company made in any certificates pursuant to the Purchase Agreementprovisions hereof, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 10 contracts
Samples: Cell Therapeutics Inc, Cell Therapeutics Inc, Cell Therapeutics Inc
Closing. The obligations of the Placement AgentAgent and the Purchasers, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and herein, to the accuracy of the statements of the Company made in any certificates pursuant to the Purchase Agreementprovisions hereof, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 8 contracts
Samples: Equity Distribution Agreement (ONCOSEC MEDICAL Inc), Catalyst Pharmaceutical Partners, Inc., Parkervision Inc
Closing. The obligations of the Placement Agent, Agent and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its Subsidiaries contained herein herein, to the accuracy of the statements of the Company and its Subsidiaries made in any certificates pursuant to the Purchase Agreementprovisions hereof, to the performance by the Company and its Subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 7 contracts
Samples: Agreement (Xenonics Holdings, Inc.), ZBB Energy Corp, Bio-Path Holdings Inc
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and herein, to the accuracy of the statements of the Company made in any certificates pursuant to the Purchase Agreementprovisions hereof, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 7 contracts
Samples: Cell Therapeutics Inc, Cell Therapeutics Inc, Cell Therapeutics Inc
Closing. The obligations of the Placement Agent, and the closing Closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:.
Appears in 7 contracts
Samples: Placement Agency Agreement (GD Culture Group LTD), Placement Agency Agreement (GD Culture Group LTD), Placement Agency Agreement (Tantech Holdings LTD)
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder hereunder, are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 6 contracts
Samples: Athersys, Inc / New, Safe & Green Holdings Corp., Athersys, Inc / New
Closing. The obligations of the Placement AgentAgent and the Purchasers, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its Subsidiaries contained herein herein, to the accuracy of the statements of the Company and its Subsidiaries made in any certificates pursuant to the Purchase Agreementprovisions hereof (if any), to the performance by the Company and its Subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 4 contracts
Samples: Aeterna Zentaris Inc., Aeterna Zentaris Inc., Aeterna Zentaris Inc.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Subscription Agreement, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement AgentAgent by the Company:
Appears in 4 contracts
Samples: 1847 Holdings LLC, Mobiquity Technologies, Inc., Mobiquity Technologies, Inc.
Closing. The obligations of the Placement AgentAgent and the Purchasers, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the applicable Closing Date, of the representations and warranties on the part of the Company and its Subsidiaries contained herein herein, to the accuracy of the statements of the Company and its Subsidiaries made in any certificates pursuant to the Purchase Agreementprovisions hereof, to the performance by the Company and its Subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 4 contracts
Samples: China Information Security Technology, Inc., China Valves Technology, Inc, China Valves Technology, Inc
Closing. The obligations of the Placement Agent, and the closing Closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its Subsidiaries contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company and its Subsidiaries made in any certificates pursuant to the provisions hereof, to the performance by the Company and its Subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 4 contracts
Samples: Interpace Diagnostics Group, Inc., Interpace Diagnostics Group, Inc., Interpace Diagnostics Group, Inc.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its subsidiaries contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company and its subsidiaries made in any certificates pursuant to the provisions hereof, to the performance by the Company and its subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 4 contracts
Samples: Digital Ally Inc, Digital Ally Inc, Placement Agency Agreement (Bright Green Corp)
Closing. The obligations of the Placement AgentAgent and the Purchasers, and the closing of the sale of the Placement Agent Securities Shares and Warrants hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its Subsidiaries contained herein herein, to the accuracy of the statements of the Company and its Subsidiaries made in any certificates pursuant to the Purchase Agreementprovisions hereof, to the performance by the Company and its Subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 4 contracts
Samples: Epicept Corp, Epicept Corp, Epicept Corp
Closing. The obligations of the Placement Agent, and the closing of the sale Placement of the Placement Agent Securities hereunder hereunder, are subject to the accuracy, when made and on the Closing Date, Date of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement required to be performed by the Company at or prior to the Closing Date, and to each of the following additional terms and conditionsconditions being met, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 4 contracts
Samples: Placement Agency Agreement (Phunware, Inc.), Placement Agency Agreement (Phunware, Inc.), Placement Agency Agreement (Phunware, Inc.)
Closing. The obligations of the Placement Agent, Agent and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its Subsidiaries contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company and its Subsidiaries made in any certificates pursuant to the provisions hereof, to the performance by the Company and its Subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 4 contracts
Samples: Placement Agency Agreement (NXT-Id, Inc.), xG TECHNOLOGY, INC., NXT-Id, Inc.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:.
Appears in 3 contracts
Samples: Placement Agency Agreement (Wisa Technologies, Inc.), Placement Agency Agreement (Summit Wireless Technologies, Inc.), Placement Agency Agreement (Summit Wireless Technologies, Inc.)
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 3 contracts
Samples: Acurx Pharmaceuticals, Inc., Adamis Pharmaceuticals Corp, Adamis Pharmaceuticals Corp
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities Shares and Warrants hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its Subsidiaries contained herein herein, to the accuracy of the statements of the Company and its Subsidiaries made in any certificates pursuant to the Purchase Agreementprovisions hereof, to the performance by the Company and its Subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 3 contracts
Samples: Pharmathene, Inc, Pharmathene, Inc, Pharmathene, Inc
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the form of Purchase Agreement, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 3 contracts
Samples: Spire Global, Inc., Myomo, Inc., Myomo, Inc.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:: β
Appears in 3 contracts
Samples: Quoin Pharmaceuticals, Ltd., Quoin Pharmaceuticals, Ltd., Soligenix, Inc.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder Closing hereunder, are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 3 contracts
Closing. The obligations of the Placement AgentAgent and the Purchasers, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and herein, to the accuracy of the statements of the Company made in any certificates pursuant to the Purchase Agreementprovisions hereof, to the performance by the Company of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 3 contracts
Samples: Emisphere Technologies Inc, Titan Pharmaceuticals Inc, Amarin Corp Plc\uk
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreementherein, to the performance by the Company of its obligations hereunderhereunder and in the Subscription Agreements, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 3 contracts
Samples: Agrify Corp, Agrify Corp, Agrify Corp
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its Subsidiaries contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company and its Subsidiaries made in any certificates pursuant to the provisions hereof, to the performance by the Company and its Subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 3 contracts
Samples: Reed's, Inc., Cesca Therapeutics Inc., Adamis Pharmaceuticals Corp
Closing. The obligations of the Placement Agent, Agent and the closing of the sale of the Placement Agent Securities hereunder Closing are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreementherein, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 3 contracts
Samples: Voxeljet AG, Voxeljet AG, Voxeljet AG
Closing. The obligations of the Placement AgentAgents, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement AgentAgents:
Appears in 3 contracts
Samples: Letter Agreement (Upexi, Inc.), Acurx Pharmaceuticals, Inc., SELLAS Life Sciences Group, Inc.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 2 contracts
Samples: Placement Agency Agreement (Virpax Pharmaceuticals, Inc.), Placement Agency Agreement (Aspira Women's Health Inc.)
Closing. The obligations of the Placement Agent, and the any closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the each applicable Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement AgentAgent by the Company:
Appears in 2 contracts
Samples: Trans American Aquaculture, Inc, Trans American Aquaculture, Inc
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities ADSs hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its Subsidiaries contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company and its Subsidiaries made in any certificates pursuant to the provisions hereof, to the performance by the Company and its Subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 2 contracts
Closing. The obligations of the Placement AgentAgent and the Purchasers, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its Subsidiary contained herein herein, to the accuracy of the statements of the Company and its Subsidiary made in any certificates pursuant to the Purchase Agreementprovisions hereof, to the performance by the Company and its Subsidiary of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 2 contracts
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder hereunder, are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its Subsidiaries contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company and its Subsidiaries made in any certificates pursuant to the provisions hereof, to the performance by the Company and its Subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 2 contracts
Samples: Provectus Biopharmaceuticals, Inc., filings.irdirect.net
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Agents Securities hereunder hereunder, are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 2 contracts
Samples: GRI BIO, Inc., GRI BIO, Inc.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities Shares hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 2 contracts
Samples: MoSys, Inc., MoSys, Inc.
Closing. The obligations of the Placement AgentAgent and the Purchasers, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its Subsidiaries contained herein herein, to the accuracy of the statements of the Company and its Subsidiaries made in any certificates pursuant to the Purchase Agreementprovisions hereof, to the performance by the Company and its Subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 2 contracts
Samples: Cortex Pharmaceuticals Inc/De/, Cortex Pharmaceuticals Inc/De/
Closing. The obligations of the Placement AgentAgents, and the closing of the sale of the Placement Agent Agents Securities hereunder hereunder, are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement AgentAgents:
Appears in 2 contracts
Samples: CNS Pharmaceuticals, Inc., CNS Pharmaceuticals, Inc.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder hereunder, are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its subsidiaries contained herein and in the Securities Purchase Agreement, to the accuracy of the statements of the Company and its subsidiaries made in any certificates pursuant to the provisions hereof, to the performance by the Company and its subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 2 contracts
Samples: Placement Agency Agreement (Magnegas Applied Technology Solutions, Inc.), Placement Agency Agreement (Magnegas Applied Technology Solutions, Inc.)
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities Units hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its Subsidiaries contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company and its Subsidiaries made in any certificates pursuant to the provisions hereof, to the performance by the Company and its Subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 2 contracts
Samples: Cur Media, Inc., Cur Media, Inc.
Closing. The obligations of the Placement Agent, Agent and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its Subsidiaries contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company and its Subsidiaries made in any certificates pursuant to the provisions hereof, to the performance by the Company and its Subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 2 contracts
Samples: Novo Integrated Sciences, Inc., AmpliTech Group, Inc.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities Units hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 2 contracts
Samples: Amesite Inc., EBET, Inc.
Closing. The obligations of the Placement AgentAgents and the Purchasers, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and herein, to the accuracy of the statements of the Company made in any certificates pursuant to the Purchase Agreementprovisions hereof, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 2 contracts
Samples: Rockwell Medical, Inc., Vasogen Inc
Closing. The obligations of the Placement AgentAgents, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement AgentAgent by the Company:
Appears in 2 contracts
Samples: Adial Pharmaceuticals, Inc., Biolase, Inc
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 2 contracts
Samples: Placement Agency Agreement (Data Storage Corp), Placement Agency Agreement (Clearside Biomedical, Inc.)
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder pursuant to the Purchase Agreement, are subject to the accuracyaccuracy in all material respects, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 2 contracts
Samples: Verb Technology Company, Inc., Verb Technology Company, Inc.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities Shares hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:.
Appears in 1 contract
Samples: Placement Agency Agreement (Summit Wireless Technologies, Inc.)
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent.:
Appears in 1 contract
Samples: Personal and Confidential (Superior Drilling Products, Inc.)
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities Shares hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 1 contract
Samples: LiveXLive Media, Inc.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:: 131061653v2
Appears in 1 contract
Samples: Neptune Wellness Solutions Inc.
Closing. The obligations of the Placement Agent, Agent and the closing of the sale of the Placement Agent Securities hereunder Closing are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreementherein, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:: β
Appears in 1 contract
Samples: Voxeljet AG
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 1 contract
Samples: INVO Bioscience, Inc.
Closing. The obligations of the Placement AgentAgent hereunder and under the Original Agreement, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and herein, to the accuracy of the statements of the Company made in any certificates pursuant to the Purchase Agreementprovisions hereof, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 1 contract
Closing. The obligations of the Placement AgentAgents, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement AgentA.G.P.:
Appears in 1 contract
Samples: Placement Agency Agreement (Foresight Autonomous Holdings Ltd.)
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities Shares hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement AgentAgent by the Company:
Appears in 1 contract
Samples: Titan Pharmaceuticals Inc
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing DateClosing, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 1 contract
Samples: RINO International CORP
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities Shares hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company and its Subsidiaries contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company and its Subsidiaries made in any certificates pursuant to the provisions hereof, to the performance by the Company and its Subsidiaries of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 1 contract
Closing. The obligations of the Placement Agent, Agent and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 1 contract
Samples: Ocuphire Pharma, Inc.
Closing. The obligations of the Placement AgentAgents, and the closing of the sale of the Placement Agent Securities hereunder hereunder, are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement AgentAgents:
Appears in 1 contract
Samples: IceCure Medical Ltd.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the applicable Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase AgreementAgreement(s), to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 1 contract
Samples: Ainos, Inc.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracyaccuracy in all material respects, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 1 contract
Samples: Seelos Therapeutics, Inc.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:: July 20, 2023
Appears in 1 contract
Samples: Cosmos Health Inc.
Closing. The obligations of the Placement AgentAgents, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement AgentAgents by the Company:
Appears in 1 contract
Samples: Nanoviricides, Inc.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement AgentAgent to the Company:
Appears in 1 contract
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase AgreementAgreements, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 1 contract
Samples: Velo3D, Inc.
Closing. The obligations of the Placement AgentAgent and the Purchasers, and the closing Closing(s) of the sale of the Placement Agent Securities hereunder hereunder, are subject to the accuracy, when made and on the respective Closing Date, of the representations and warranties on the part of the Company contained herein and or incorporated herein, to the accuracy of the statements of the Company made in any certificates pursuant to the Purchase Agreementprovisions hereof, to the performance by the Company of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 1 contract
Samples: Letter Agreement (WESTMOUNTAIN Co)
Closing. The obligations of the Placement Agent, Agent and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made effective as set forth herein and on the Closing Date, of the representations and warranties on the part of the Company and the Subsidiary contained herein herein, to the accuracy of the statements of the Company and the Subsidiary made in any certificates pursuant to the Purchase Agreementprovisions hereof, to the performance by the Company and the Subsidiary of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 1 contract
Samples: GTC Biotherapeutics Inc
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder Shares hereunder, are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 1 contract
Samples: Evogene Ltd.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder hereunder, are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 1 contract
Closing. The obligations of the Placement AgentAgent and the Purchasers, and the closing of the sale of the Placement Agent Securities Units hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and herein, to the accuracy of the statements made on behalf of the Company in any certificates delivered pursuant to the Purchase Agreementprovisions hereof, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 1 contract
Samples: Oncothyreon Inc.
Closing. The obligations of the Placement Agent, and the closing Closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 1 contract
Samples: Meta Materials Inc.
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement AgentAgent or by the Company, as applicable:
Appears in 1 contract
Samples: Odyssey Marine Exploration Inc
Closing. The obligations of the Placement Agent, and the closing of the sale of the Placement Agent Securities hereunder are subject to the accuracy, when made and on the each Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the performance by the Company of its obligations hereunderhereunder and in the Purchase Agreement, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:
Appears in 1 contract
Samples: Opgen Inc
Closing. The obligations of the Placement Agent, and the closing each Closing of the sale of the Placement Agent Securities Shares hereunder are subject to the accuracy, when made and on the each Closing Date, of the representations and warranties on the part of the Company contained herein and in the Purchase Agreement, to the accuracy of the statements of the Company made in any certificates pursuant to the provisions hereof, to the performance by the Company of its their obligations hereunder, and to each of the following additional terms and conditions, except as otherwise disclosed to and acknowledged and waived by the Placement Agent:.
Appears in 1 contract
